The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 13,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. In the judgment case, there are seven occasions of experience of receiving juvenile protective disposition due to larceny, one time of suspension of execution, one time of robbery, and two times of punishment due to robbery, and the other two times of fines. The crime of this case is committed by the same repeated crime and the robbery during the suspension period. However, there are unfavorable sentencing grounds such as the Defendant’s confession of the crime, and the damage amount is minor as KRW 80,000,000, and the agreement is reached with the investigative agency. In the case, if imprisonment is finalized in this case, two years and six months of imprisonment for which suspension of execution has been invalidated, minor children and female living together with pregnancy, etc. are supported by the Defendant, and there is a possibility of young education and rehabilitation.

In full view of the favorable reasons for sentencing, such as the fact that there is a need to give the last opportunity for sentencing, the defendant's age, family relation, economic situation, background and motive leading to the crime, and all other matters concerning the sentencing as indicated in the records and arguments of this case, the judgment of the court below is recognized as being unfair due to the absence of the sentence, and thus the defendant'

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of section 329 of the Criminal Act), Article 319 of the Criminal Act (a point of intrusion on a structure), and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.